Fox and Green Reconsidering Divorce?

April 25, 2016
By
Law Offices of Korol & Velen

Share

Actress Megan Fox filed for divorce from husband Brian Austin Green last
August, but it seems the two are reconsidering. The two are currently
expecting their third child together, and recently celebrated the up-coming
birth with a vacation to Hawaii. So… is the divorce still on?

Fox and Green Reconsidering Divorce?

Pictures of Fox and Green on their vacation show the pair holding hands
and strolling along the beach. At one point Green cradled her bare baby
bump while Fox beamed. The two are parents to two sons already –
Noah and Bodhi. And as Green told
People magazine recently “You know, nothing is planned. None of them are
ever planned. You kind of just go with it. At my age, to be having three
babies, is crazy. I’ll be 43 this year.” Is the couple willing
to try it again? Are they reconsidering moving forward with divorce? It
wouldn’t be the first time a couple decided to stay together after
flirting with divorce.

While it may seem to be an uncommon story, some couples do decide that
their wedded bliss will not end in divorce, even when it seems to be headed
that direction.

Reconsidering Divorce? Maybe Legal Separation

For couples that unsure of if divorce is the next step or even those that
are leaning towards divorce but are reconsidering, legal separation can
provide a safe “middle ground.” Legal separation is a great
tool for spouses that are unsure about divorce because it allows couples
to live apart and take a “break” if needed, while also ensuring
that each spouse’s legal rights are protected.

A couple is still technically married during separation, thus allowing
them to live separately while retaining legal rights to property, child
custody, and other agreements. Legal separations also allow spouses to
maintain their married legal status in order to still receive health care
or other rights.

Legal separations can also be called: “judicial separation”,
“separate maintenance”, “divorce
a mensa et thoro“, or “divorce from bed-and-board.” All these terms refer
to the legal process by which a married couple formalizes a
de facto separationwhile remaining legally married.

Legal Separation Agreement

A legal separation can be helpful because it clearly outlines each spouses
roles. For this reason, it’s advised that you work out a legal separation
agreement. This legally binding agreement decides all aspects of a marriage,
including: child support and visitation, property division, and spousal
support. Even if a legal separation does not end in a divorce, it is still
smart to protect yourself during this time. Here is what is decided in
a legal separation agreement:

Spousal Support – If you are paying spousal support to your spouse the payments
can be deducted at tax time – but only if they are listed under
the agreement. If there is no legal agreement, this money cannot be deducted.

Benefits – With legal separation can retain certain benefits that were available
during the marriage, such as health insurance. This is something that
should be included in the agreement.

Home – If you and your spouse own a home together, you’ll want to
outline who will pay for the home, as well as the maintenance of the home,
such as utilities and lawn care. You’ll also want to outline who
is able to live in the home.

Joint Accounts – Most couples share joint checking, savings, and credit accounts.
A legal separation agreement will outline who has access to those joint
accounts. It might also stipulate that the joint bank accounts be closed,
thus forcing each spouse to obtain their own personal accounts. It might
also outline who needs to pay what on those joint credit accounts.

Protection from Acquired Debt – A legal separation agreement will also shield you from being responsible
for debt that is acquired during your separation. This will vary by state,
so be sure to work with an attorney when drafting this agreement, as they
will be able to advise you on your legal rights.

Child Matters

Child custody and visitation, as well as child support, may be decided
as part of the legal separation. A spouse is also able to ask the court
for a protective order if he or she feels the other spouse is a threat
to the child.

Additional Considerations for Legal Separations

Here are some additional things to remember about legal separations:

Residency Requirements

Remember that if you want to move forward with a divorce, one of the spouses
must have resided in the county where the action is filed for at least
three months and within the state for at least six months prior to filing.
But if you are seeking a legal separation you are not required to meet
these requirements. You will still need to meet the requirements of divorce
if you decide to move forward with divorce after your legal separation.

Immediate Effect

Legal separation takes effect immediately after it has been ordered.

Alternative

If you’re in California you have another option for a “separation
agreement.” This is a legally-binding contract, just like a legal
separation agreement, but does not require court involvement.

Drafting a Legal Separation Agreement

Working with a lawyer can be helpful when drafting a legal separation agreement.
This is the perfect time to begin thinking what assets you have that will
eventually need to be divided, in addition to starting your new life as
a single person. Working with an attorney can help ease the tough period
you and your spouse and family are experiencing.

How To

If a legal separation sounds like the next step for you and your spouse,
here are the steps you will take to acquire a legal separation:

Decide on grounds for your separation. The grounds can either be: incurable
insanity or irreconcilable differences that have caused an irremediable
breakdown of the marriage.

Fill out a Form FL-100 Petition that includes options for with a divorce
(dissolution of marriage) or legal separation. You will also need to provide
any information pertaining to minor children and property. This will allow
you to ask the court to make orders regarding these things.

If you have children under 18, you will need to complete Form FL-105/GC-120.
This is a Declaration under the Uniform Child Custody Jurisdiction and
Enforcement Act, which provides information to the court that will enable
it to establish if it has jurisdiction over a child. This will be relevant
if a parent lives in another state and has already started proceedings
for child custody in that state.

Have your forms reviewed by a family law attorney or help-center.

File Form FL-100 at your local county court and pay any necessary fees.
If you receive public benefits or have low income, you might be eligible
for a fee waiver.

Serve your spouse with a copy of the court papers. There are various ways
this can be completed – either through a lawyer or a process server.
There will need to be proof of the serving.

Moving Forward After Legal Separation

Your legal separation will end in either one of two ways: divorce or reconciliation.

Divorce

If you and your spouse decide to move forward with divorce, you still need
to file a divorce petition and go through the process of divorce. Since
all aspects of a marriage have been decided in your legal separation agreement,
most likely you will be able to file an uncontested divorce. If not, you
might need to go through the trial system to reach an agreement. Remember
that legal separation does not mean the same thing as divorce. So while
you and your spouse might be legally separated, you are still legally
married until a judge agrees and signs your divorce agreement.

Reconciliation

If you and your spouse decide to reconcile, you are able to reverse the
separation agreement through a “motion to dismiss.” This motion
will need to be filed with your local Clerk of Court office. You might
want to consult a divorce attorney to ensure that you have all the proper
documents accurately filled out.

Both spouses will need to sign papers that attest to the fact that you
are ending the separation. You will need to include the file number of
your separation during these filing. You might also need to explain why
you have decided to cancel the separation.

You will then receive a hearing date that you and your spouse will need
to attend to officially cancel the separation.

Once the legal separation is cancelled, all marital property returns to
being considered shared property. Any child custody arrangements that
were created as a part of the separation will be cancelled.

Working with a Family Law Attorney if You are Reconsidering Divorce

Working with a family law attorney can help ensure you do every step required
for a legal separation or divorce. They will handle getting all the paperwork
completed and filed, as well as any serving of papers that might be needed.
Working with an attorney can help ease what can be a very difficult process.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.